STATE OF PUNJAB Vs. SINGLA BRICK INDUSTRIES

JUDGEMENT

(1.) This judgment will dispose of Regular Second Appeals Nos. 1078 and 1087 of 1986 which contain similar questions of law and fact. The facts in the judgment are being given from RSA No. 1078 of 1986.

(2.) It is alleged by the plaintiff that it is carrying on the business of manufacturing bricks. The earth for manufacturing brick is excavated by it from its own land and from the land taken on lease by it from private landowners. No part of the land belongs to the State Government. There is no agreement between the plaintiff and the State Government to pay royalty to the latter. However, the State Government has assessed royalty on the plaintiff which could not be done. Consequently, a suit has been instituted by the plaintiff for restraining the defendants from assessing and recovering any amount of royalty on the brick earth excavated by it from the land belonging to it or taken on lease by it.

(3.) The suit was contested by the defendants inter alia on the ground that the brick earth is a minor mineral and the defendants are entitled to charge royalty even though the land belongs to private owners. Several other pleas were taken by the defendants which are not necessary to be noticed for the decision of the appeal.